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NECESSARY POLICY CHANGE

NY State Legislation directly addressing the overdose crisis & drug criminalization (2024)

Drug Checking Services (Fernandez/Kelles) S4880/A7487: Drug checking provides information  within the context of anunstablesupplytoinformpeopletomakepositivebehaviorchoicesonhow  to consume their substances–which can save lives. However, drug checking lacks protections for  consumersanddrug-checkingtechniciansfromretributionorinvolvementwiththecriminallegal  system. This bill provides immunity to all parties involved in drug-checking infrastructure 


People deserve to know what is in the drugs they consume. Expanding drug checking will provide additional resources for individuals to test their drugs, know what (and how much) or particular substances they are putting in their bodies, which can save their life!


Safer Consumption Services Act (Rivera/Rosenthal)S399/A338: The Safer Consumption Services  Act (SCSA)allows the New York State Department of Health to authorize, regulate, and fund  authorized syringe service programs to add Overdose Prevention Centers(OPCs) services to their  currently operating programs. The bill also defines the legality of OPCs, extending immunity to  participants, staff members, and property owners from arrest, charges, and prosecution for  criminal offenses and penalties for their participation or involvement in approved OPC programs.


OPC's save lives! They should be legally authorized, funded, and expanded to other areas to extend these life saving services to additional communities.


Decriminalize Lifesaving Buprenorphine (Rivera/Rosenthal) S699/A4013: Because of stringent  federal regulations and barriers to access, many people use non-prescribed buprenorphine  therapeutically to prevent withdrawal symptoms, self-detox, bridge gaps in treatment, maintain  abstinence, or attempt to enter treatment that may otherwise be inaccessible. Research  continually illustrates that non-prescribed buprenorphine use correlates with a lower risk of a drug  overdose.



 Decriminalize All Low-Level Drug Possession(Rivera/Meeks) S1284/A7109: Decriminalization of  low-level drug possession centers public health by reclassifying misdemeanor possession of a  controlled substance to a non-criminal violation offense of a $50 maximum fine, with the option to  waive the fee by participating in a needs screening for services(substance use disorder and mental  health care, employment, housing, and/or legal services). Additionally, this bill would expunge  misdemeanor convictions, and establish the Drug Decriminalization Task Force to develop  recommendationsforamendinglaws,regulations,andpracticeswiththegoaloftreating  substance use as a multi-layered public health issue, rather than a criminal-legal one. 


Entering the criminal justice system only increases risk of overdose upon release. 


Given the intersection between homelessness, incarceration, and the overdose crisis, there are several other bills that are important components in addressing overdose:






Source: VOCAL-NY " Solving Ongoing Crises of Homelessness, Overdose, and Criminalization by Building Safe and Thriving Communities"



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